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Simple English definitions for legal terms

INS v. Elias-Zacarias

Read a random definition: ad factum praestandum

A quick definition of INS v. Elias-Zacarias:

In INS v. Elias-Zacarias, the Supreme Court decided that being forced to join a military group does not always count as persecution based on political opinion. They also said that when deciding if someone is being persecuted for their political opinion, you have to look at the victim's opinion, not the persecutor's. Finally, they said that the Board of Immigration Appeals' decision can only be changed if the applicant's evidence shows that there is a reasonable fear of persecution. The case was about a man who fled Guatemala because he was afraid of being forced to join a guerrilla group. The Court decided that he did not show enough evidence that he was being persecuted for his political opinion.

A more thorough explanation:

INS v. Elias-Zacarias is a legal case in which the Supreme Court of the United States decided that a guerrilla organization's attempt to force someone into military service does not necessarily qualify as persecution on account of political opinion under the Immigration and Nationality Act. The Court also established that when determining whether there is persecution on account of political opinion, the court must ascertain the victim's political opinion, not the persecutor's.

For example, in this case, the respondent, Elias-Zacarias, had only been approached by a guerrilla organization once in his home and threatened to join. He did not want to join and was afraid of retaliation, so he fled Guatemala and entered the United States, where he applied for asylum. The Court found that he failed to show that he refused to join because of a political motive. Thus, the focus of the inquiry should be on Respondent's political motive and not the political motive of the persecutors.

The Court also established that a decision by the Board of Immigration Appeals can only be reversed if the evidence presented by the applicant is such that a reasonable fact-finder would conclude that the requisite fear of persecution exists. This means that the applicant must show that there is a "reasonable possibility" that they would be persecuted on account of their political opinion.

INS v. Cardoza-Fonseca | insanity

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Dkk
18:57
I want to meet an attorney that defends clients who run into flat earth problems. I want an attorney that knows and believes in flat earth theory.
19:05
i want a flat earther for president. i want a guy who posts on 4chan for president. i want someone who mogs for president.
Dkk
19:18
Exactly. My version of that awful poem.
Dkk
19:19
I can accept a president with maybe one or two of the poems traits hut good God, all of them??? No ty.
windyMagician
19:20
president who respects sex is crazy
windyMagician
19:20
we had bill clinton already
Dkk
19:21
Bill Clinton, first and last black president
windyMagician
19:23
I want to go running but my leg feels weird
windyMagician
19:23
it doesn't hurt its just tingly
Dkk
19:26
It needs more alcohol. You tingle when your nerves need watering.
19:27
try stretching it maybe to see what's up
windyMagician
19:27
stretches make me think it's just soreness
windyMagician
19:27
I'm sober lol
Dkk
19:38
Anyone else get the google notification that your LSD password has been compromised lol. LSD got hacked.
20:48
what.jpg @Dkk
CynicalOops
21:03
You think you just fell out of a coconut tree?
jackfrost11770
21:10
nope dk
CynicalOops
22:37
Calvinamala Harris
jackfrost11770
23:16
should i start using letterboxed again
Dkk
23:25
@jackfrost11770: if you want but like it aint for me
dk do u ever eat at bk
Dkk
23:48
@chickenburgahfart: I would do that in the Army if really desperate for food or if I had to work through lunch. One of the few fast food places I go to.
bk so slept on
Dkk
0:23
I will take In N Out everyday over it when I can though.
texaslawhopefully
1:22
In N Out is not only the best fast food place, but the prices too are fantastic
Dkk
1:27
Indeed, indeed.
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